The Court To Change An Indictable Charges

Modification of the charges often happens during the justice, but the code of criminal procedure do not mention it. So there always has dispute about this kind of phenomenon. On the other hand, the complexity of the practice of the justice make the contradiction more difficult to comprehend. The manifestation of modification of the charges varied from one to others in the practice of the justice,.but ereryone is not the topic of my thesis.This thesis make a careful and detailed analysis to the seven common type of the modification of the charges, cut out the incorrect ones and center on the pure modification of the charges, the separate of the charge and the combination of the charges.From the point of the quality and relationship of the country power, the procuratorial organ exert an authority to public prosecution , not the authority to supervise. This kind of authority to public prosecution is not prior to the jurisdiction which the court exert.From the point of the "Principle of Trial-centered Criminal Procedure", all kinds of key element that take part in justice must kernel the court. The anthority of the court come with history and it is also the foundation of the modification of the charges. The theory of "departing procecution from justice" and "object of trail" mean that the procuratorial organ should hold up the court. So it is not casual to the court to mordify the charge.From the point of value, when court change the charges, it must take fair, the human rights and the efficiency into consideration. Inhance the efficiency of the litigation if the value of fair and human rights is guaranteed.The last part of the thesis make some suggests about the legislation of the modification of the charges. All these suggests come from the former analyze and refer to the foreign legislation.